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(영문) 대법원 2016.05.12 2016도3854
교통사고처리특례법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there were no errors of violating the law of logic and experience and exceeding the bounds of free evaluation of evidence by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

In addition, the argument that the court below violated the principle of responsibility in sentencing is an unfair argument of sentencing.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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